believes Conductor Bonsall innocent of any wrongdoing in connection with this matter or of any neglect of duty. Mr. Bonsall is a man of good character, served in the Union Army during the late war between the North and South, and holds an honorable discharge. He is a thirty-third degree Mason and is respected by all who know him. He has left Mexico with the impression that he can not get justice from the courts of this country. I do not think that Minister Mariscal or any of the other good people of Mexico want such an impression to prevail, and think that if it is properly placed before them Mr. Bonsall will receive justice. Will you kindly submit the matter to the minister and advise results? J. A. NAUGLE, Assistant General Manager. [Subinelesure.—Translation.] Mr. Ieaza to Mr. Naugle. MEXICO, May 16, 1902. DEAR MR. NAUGLE: By my letter of the 22d of January of the current year I notified you that Mr. Bonsall had been sentenced by the magistrate of the third circuit court to suffer a penalty of eight months' imprisonment, and also notified you that licentiate Viñas and myself were going to attempt the proceeding known as habeas corpus in opposition to this sentence, and promised to communicate to you the result of said appeal. In compliance with this promise I beg to inform you that in spite of the great efforts made on our part the said appeal has not been successful, because although, as we already notified you, the district judge of this capital, by his decision, sustained the habeas corpus proceeding in favor of Mr. Bonsall in accordance with our petition, yesterday the supreme court, by a majority vote of the magistrates composing the same, overruled the judgment of the district court, so that Mr. Bonsall has not been protected against the sentence of the circuit court, but has hanging over him the sentence of eight months' imprisonment. What we will now do in order to free him from having to suffer this penalty is to apply to the department of justice, asking that it be commuted by a fine. The basis of this petition is found in the provisions of fraction 2 of article 241 of the penal code, according to which recourse may be had to this commutation of sentence when the person convicted through some circumstances (among which is that of being over 60 years of age, which, we believe, is the case with Mr. Bonsall) may not suffer the penalty of imprisonment. However, in accordance with the law, we shall have to accompany our petition with proof of Mr. Bonsall's being 60 years of age and this proof you alone can furnish us, and so we ask you to send this as soon as possible to Mr. Viñas's office in this city. In our opinion this evidence should consist of a certified copy of the civil record of Mr. Bonsall's birth or an affidavit of witnesses made before some judge of the first instance at your place and attested by a notary public, showing the testimony in due legal form, should be sent us, or a copy certified to by the judge before whom said affidavit is made might be sent. Yours, truly, [Inclosure 2.] Mr. Clayton to Mr. Naugle. RAFAEL ICAZA. EMBASSY OF THE UNITED STATES, SIR: I have to acknowledge the receipt of your communication of the 4th instant, and inclosure, regarding the case of Nathaniel F. Bonsall, which you desire me to bring to the attention of the Mexican Government. In view of the fact that this is a case which has been adjudicated by the court of last resort, I have deemed it advisable to refer the matter to the Department of State for such instruction as it may deem fit to give. Thanking you for your kind interest in the matter, and for the information it conveys, I am, etc., POWELL CLAYTON. No. 727.] Mr. Hay to Mr. Clayton. DEPARTMENT OF STATE, SIR: I have to ackowledge the receipt of your No. 1413, of the 11th instant, on the subject of the arrest and imprisonment of Nathaniel F. Bonsall. In reply, I have to inform you that, from the appearance of the case as it is now before the Department, it is not perceived that any further action can be taken. I am, etc., JOHN HAY. Mr. Clayton to Mr. Hay. No. 1567.] EMBASSY OF THE UNITED STATES, SIR: Referring to the case of Nathaniel F. Bonsall and to my last dispatch upon the subject, No. 1413, of June 11, 1902, I have the honor to transmit herewith a copy of a note and inclosure from the foreign office, with translations thereof, by which it will be seen that the suit for amparo brought by Bonsall against the sentence of the third circuit court of Mexico, which condemned him to eight months' imprisonment for the offense of negligence, was decided against him by the supreme court of the nation. As stated in my aforesaid dispatch, it appears that Bonsall has placed himself beyond the jurisdiction of Mexico by crossing into the United States. I have, etc., POWELL CLAYTON. [Inclosure.-Translation.] Mr. Marsical to Mr. Clayton. DEPARTMENT OF FOREIGN AFFAIRS. MR. AMBASSADOR: Referring to the note of the embassy of October 31, 1901, relating to the suit for amparo brought by Nathaniel F. Bonsall against a sentence of the third circuit court, I have the honor to transmit to your excellency herewith a copy of a note addressed to me by the said court in which it states that the supreme court of justice has denied the said amparo. I renew, etc., IGNO. MARISCAL. [Subinclosure.-Translation.] Judge of third circuit court to the secretary of foreign affairs. THIRD CIRCUIT COURT, Mexico. The first district judge of this city, in a communication of the 22d instant, says to me as follows: "In the suit for amparo brought by licentiates Eduardo Viñas and Rafael Icaza, attorneys of Nathaniel F. Bonsall, against the sentence of the third circuit court, under your worthy charge, which condemned the complainant to arrest for eight months for the offense of negligence, there is a final decision pronounced by the supreme court of the nation which in its decisory clause says: "MEXICO, May 15, 1902. for these considerations and based on articles 101 and 102 of the constitution, and 818, 819 and 828 of the Code of Federal Proce "Having examined dure, the decision under review is reversed and it is declared that the law of the union does not protect nor shelter Nathaniel F. Bonsall from the acts of which he complains. "Let the proceedings be returned to the court in which they originated with certified copy of this decision, let it be published, and let the record be placed in the archives. "Thus it was decided in full court by the president and ministers of the supreme tribunal of justice of the nation by seven votes against four, and they signed: "of which I have the honor to duly inform you, returning the record transmitted to this court. Mexico, August 22, 1902. "To the PRESIDENT OF THE THIRD CIRCUIT COURT, Present." "JUAN P. De Leon. As by virtue of the above superior final decision, by which the amparo is denied to the defendant, Nathaniel F. Bonsall, the sentence of this court of January 8 last, of which a certified copy was duly transmitted to the department, stands in full force and vigor. I have the honor to communicate the same to you for your information. I renew, etc., MEXICO, August 27, 1902. M. CERVANTES. TREATY OF COMPULSORY ARBITRATION BETWEEN MEXICO AND SPAIN. Mr. McCreery to Mr. Hay. No. 1348.] EMBASSY OF THE UNITED STATES, SIR: I have the honor to inclose copy and translation of a treaty of compulsory arbitration between Spain and Mexico, signed in this city on January 11, 1902, and promulgated by the President of Mexico on the 19th ultimo. I have, etc., FENTON R. MCCREERY. [Inclosure-Translation.] Treaty between Mexico and Spain. Porfirio Diaz, President of the United Mexican States, to all to whom these presents may come: Know ye, that on the eleventh day of January of the current year there was signed and concluded in this city, by plenipotentiaries duly authorized for the purpose, a treaty between the United Mexican States and the Kingdom of Spain in the form and tenor following: The President of the United Mexican States and His Majesty the King of Spain and, in his name, the Queen Regent of the Kingdom, with the object of settling all questions which might disturb the friendly relations which happily exist between the nations, have decided to celebrate a treaty of arbitration, and to this end they have appointed their respective plenipotentiaries: By the President of the United Mexican States, Licentiate Ignacio Mariscal, secretary of state and of the office of foreign affairs; By His Majesty the King of Spain and, in his name, the Queen Regent of the Kingdom, Don Pedro de Prat, Marquis Prat y Nantouillet, his envoy extraordinary and plenipotentiary at Mexico, who, after having examined their respective powers and having found them to be in good and due form, have agreed upon the following: ARTICLE 1. The high contracting parties agree to submit to the decision of arbitrators all controversies which may arise between them during the existence of the present treaty in which they might not have been able to reach an amicable solution by direct negotiation; provided that said controversies affect neither the national independence nor honor. ARTICLE 2. Neither the national independence nor honor shall be considered to be compromised in the following cases: A. When treating of pecuniary damages and prejudices suffered by one of the contracting states or by its citizens because of illegal acts or omissions on the part of the other contracting state or its citizens. B. When treating of the interpretation of the treaties, agreements, and conventions relating to the protection of ownership of artistic, literary, and industrial property, as well as to that of privileges, patents of inventions, trade-marks, mercantile firms, money, weights and measures, and sanitary precautions, either veterinary or to exclude phylloxera. C. When treating of the application of treaties, agreements, and conventions relating to successions, aid, and judicial correspondence. D. When treating of treaties, agreements, and conventions now in force, or which may be celebrated hereafter, with the object of putting the principles of public or private international law, either civil or penal, into practice. E. When treating of questions which relate to the interpretation or execution of treaties, agreements, and conventions of friendship, commerce, and navigation. ARTICLE 3. For the decision of questions which, in accordance with this treaty, may be submitted to arbitration, the functions of arbitrator shall be conferred with preference upon a chief of state of one of the Spanish-American Republics, or upon a tribunal formed of Mexican, Spanish, or Spanish-American judges and experts. In the case of not agreeing in the appointment of arbitrators the high-contracting parties shall submit themselves to the permanent international tribunal of arbitration established in accordance with the resolutions of The Hague conference of 1899 with adherence in the latter, and in the former case to the arbitral procedure specified. in Chapter III of the said resolutions. ARTICLE 4. The present treaty shall continue in force for ten years, counting from the date of the exchange of its ratifications. In the case that neither of the high contracting parties shall have declared within twelve months before the expiration of the said term its intention to terminate the operations of the present treaty, it will continue to be obligatory for one year after one or the other of the high contracting parties shall have abrogated the same. This treaty shall be ratified and the ratifications shall be exchanged in Mexico so soon as possible. In testimony whereof the plenipotentiaries have signed and sealed the same, in duplicate, in Mexico on the eleventh day of January of the year one thousand nine hundred and two. IGNACIO MARISCAL. EL MARQUÉS DE PRAT DE NANTOUILLET. The foregoing treaty was approved by the Chamber of Senators of the United Mexican States on the tenth day of the present April. It was ratified by me on the fourteenth day of the same. Her Majesty the Queen of Spain approved and ratified the foregoing treaty on the tenth of March last, and The ratifications were exchanged on the fourteenth instant. Wherefore I order that it be printed, published, circulated, and duly observed. Palace of the Federal Government, Mexico, April 19, 1902. PORFIRIO DIAZ. PROTECTION OF CUBAN INTERESTS BY UNITED STATES CON No. 1394.] SULAR OFFICIALS. Mr. McCreery to Mr. Hay. EMBASSY OF THE UNITED STATES, Merico, May 29, 1902. SIR: I have the honor to acknowledge the receipt of your telegram of the 24th instant, instructing me, at the request of the President of Cuba, to ask the Government of Mexico to permit the United States consular officers within its jurisdiction to use their good offices in representation of the interests of Cuba and of its citizens until Cuban consuls shall have been appointed. I inclose a copy of my note to the foreign office on the subject, and copy and translation of its reply, stating that the Mexican Government. has no objection to the exercise, as desired, of good offices by United States consular officials within its jurisdiction. I have to-day notified by letter the United States consular officers in Mexico that this permission has been granted by the Mexican Government. I have, etc., FENTON R. MCCREERY. [nclosure 1.] Mr. McCreery to Mr. Mariscal. EMBASSY OF THE UNITED STATES, MR. MINISTER: I have the honor to inform your excellency that I am instructed, at the request of his excellency the President of Cuba, to ask the Government of Mexico to permit United States consular officers within its jurisdiction to use their good offices in representation of the interests of Cuba and its citizens until Cuban consuls shall have been appointed. I beg to renew, etc., [Inclosure 2.-Translation.] FENTON R. MCCREERY. Mr. Mariscal to Mr. McCreery. DEPARTMENT OF FOREIGN AFFAIRS, MR. CHARGÉ D'AFFAIRES: Referring to your note of to-day, I am pleased to inform you that the Government of Mexico has no objection to permitting the consular representatives of the United States in the Republic, within its jurisdiction, to use their good offices in favor of the interests of Cuba and of its citizens until Cuban consuls shall have been appointed. I renew, etc., IGNO. MARISCAL. TREATY OF COMMERCE AND NAVIGATION BETWEEN AUSTRIAHUNGARY AND MEXICO. No. 1430.] Mr. Clayton to Mr. Hay. EMBASSY OF THE UNITED STATES, SIR: I have the honor to inclose copy and translation of a treaty of commerce and navigation between Mexico and Austria-Hungary, |